38 Bond St Partnership v Randwick City Council [2020] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: 38 Bond St Partnership v Randwick City Council [2020] NSWLEC 1491 Hearing dates: 7-8 September 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans referred to in Condition 1 of the conditions of consent at Annexure 'A'. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA/556/2019 seeking consent for demolition of existing structures, construction of 4-storey residential flat building containing four dwellings, basement car parking for 8 cars, 4 bicycles, storage and plant, landscaping and associated works (the proposed development) at 38 Bond Street, Maroubra subject to conditions of consent at Annexure 'A'. (4) All exhibits are returned except for Exhibits A, D and J. Catchwords: DEVELOPMENT APPLICATION – residential apartment development – State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development – meaning of qualified designer under Environmental Planning and Assessment Regulation 2000 – cl 50(1AB) of the Environmental Planning and Assessment Regulation 2000 – statement by designer – habitable roof space – loss of views Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Mutual Recognition Act 1992 Randwick Local Environmental Plan 2012 State Environmental Planning Policy (Coastal Management) 2018 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Tenacity Consulting v Warringah Council [2004] NSWLEC 140 Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Randwick Development Control Plan 2013 Category: Principal judgment Parties: 38 Bond Street Partnership (Applicant) Randwick City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) M Gracie (Respondent)